235.20 – Disseminating Indecent Material to Minors; Definitions of Terms.

§  235.20    Disseminating  indecent  material to minors; definitions of
terms.
  The following definitions are applicable to sections  235.21,  235.22,
235.23 and 235.24 of this article:
  1.  "Minor" means any person less than seventeen years old.
  2.    "Nudity" means the showing of the human male or female genitals,
pubic area or buttocks with less than a full  opaque  covering,  or  the
showing  of  the female breast with less than a fully opaque covering of
any portion thereof below the top of the nipple,  or  the  depiction  of
covered male genitals in a discernably turgid state.
  3.  "Sexual conduct" means acts of masturbation, homosexuality, sexual
intercourse,  or  physical  contact with a person's clothed or unclothed
genitals, pubic area, buttocks or, if such person be a female, breast.
  4.  "Sexual excitement" means the condition of human  male  or  female
genitals when in a state of sexual stimulation or arousal.
  5.   "Sado-masochistic abuse" means flagellation or torture by or upon
a person clad in undergarments,  a  mask  or  bizarre  costume,  or  the
condition of being fettered, bound or otherwise physically restrained on
the part of one so clothed.
  6.    "Harmful  to  minors"  means  that quality of any description or
representation, in whatever form,  of  nudity,  sexual  conduct,  sexual
excitement, or sado-masochistic abuse, when it:
  (a)  Considered as a whole, appeals to the prurient interest in sex of
minors; and
  (b)    Is  patently  offensive  to  prevailing  standards in the adult
community as a whole with respect  to  what  is  suitable  material  for
minors; and
  (c)    Considered  as  a  whole,  lacks  serious  literary,  artistic,
political and scientific value for minors.
  7. The term "access software"  means  software  (including  client  or
server  software)  or  enabling  tools that do not create or provide the
content of the communication but that allow a user to do any one or more
of the following:
  (a) filter, screen, allow or disallow content;
  (b) pick, choose, analyze or digest content; or
  (c)  transmit,  receive,  display,  forward,  cache,  search,  subset,
organize, reorganize or translate content.